Maxwell Hills | July 6, 2026 | Prenuptial Agreement
Knowing how to get a prenuptial agreement is important for couples who want financial clarity before marriage. A prenup is not only for celebrities, wealthy families, or people who expect divorce. In California, a well-drafted prenuptial agreement can be a practical planning tool for couples who want to enter marriage with transparency and fewer financial unknowns.
Marriage changes legal rights. It can affect income, property, debts, business interests, retirement accounts, real estate, and inheritance planning. A prenuptial agreement allows future spouses to decide how certain financial issues should be handled before problems arise.
Many couples avoid the conversation because it feels uncomfortable. But a prenup does not have to be hostile. In many cases, it creates an opportunity for honest communication about money, debt, family expectations, and long-term goals. The strongest marriages often involve clear communication, and financial clarity is part of that.
For couples in Orange County, a prenup may be especially useful where one or both people own real estate, operate a business, have professional income, expect an inheritance, have children from a prior relationship, or want to protect family assets.
What is a prenuptial agreement?
A prenuptial agreement, also called a premarital agreement, is a written contract signed before marriage. It explains how certain financial issues will be handled during the marriage, upon divorce, or in some situations upon death.
A California prenup may address:
- separate property
- community property
- debt responsibility
- business ownership
- real estate
- inheritance rights
- investment accounts
- retirement accounts
- financial management during marriage
- spousal support, subject to legal limits
A prenup should be tailored to the couple’s actual circumstances. Generic templates often fail to address the most important issues.
Step 1: Start the conversation early
The first step in how to get a prenuptial agreement is timing. Do not wait until the wedding is days away. A rushed prenup can create tension, pressure, and potential enforceability concerns.
Starting early gives both people time to understand the agreement, review financial information, consult counsel, negotiate calmly, and sign without the emotional pressure of an approaching wedding date.
Ideally, the conversation should begin months before the wedding. This gives the process enough room to feel thoughtful rather than forced.
Step 2: Identify why you want the agreement
A prenup should have a clear purpose. Before drafting, both parties should identify what the agreement is meant to accomplish.
Common goals include:
- protecting a home owned before marriage
- preserving family wealth
- protecting a business
- clarifying responsibility for debt
- protecting children from a prior relationship
- avoiding future litigation
- defining how income or property will be treated
- confirming separate property rights
- creating financial expectations before marriage
The clearer the goals, the stronger and more useful the agreement will be.
Step 3: Gather financial information
Financial disclosure is one of the most important parts of the prenup process. Each person should understand the other’s assets, debts, income, and obligations before signing.
Important documents may include:
- bank statements
- investment account statements
- retirement account statements
- real estate documents
- mortgage records
- business records
- tax returns
- loan documents
- credit card balances
- student loan records
- life insurance information
Transparency matters. A prenup is stronger when both parties enter it with accurate information.
Step 4: Decide what property should remain separate
One of the main reasons people search how to get a prenuptial agreement is to protect separate property. In California, property owned before marriage may be separate property, but disputes can arise if that property increases in value, is refinanced, improved, or mixed with marital funds.
A prenup can help clarify:
- what property each person owns before marriage
- whether future appreciation remains separate
- whether income from separate property remains separate
- whether either spouse has reimbursement rights
- how records should be maintained
- how separate property will be treated if divorce occurs
This is especially important for homes, investment accounts, family property, and businesses.
Step 5: Address debt clearly
Debt is often overlooked. One person may enter marriage with student loans, tax debt, credit card balances, business debt, or personal loans. A prenup can clarify whether that debt remains separate and how future debt will be handled.
This protects both parties from uncertainty. It can also help avoid resentment if one spouse later believes they are being held responsible for debt they did not create.
Step 6: Consider business ownership
Business owners should strongly consider a prenup. A business may have existed before marriage, but disputes can still arise if marital effort, income, or community funds contribute to growth.
A prenup can address:
- whether the business remains separate property
- how future appreciation is treated
- whether the non-owner spouse has reimbursement rights
- how business income will be classified
- whether community funds may be invested
- how valuation issues will be handled
- how business records will be maintained
For entrepreneurs, professionals, and family-business owners, this planning can be critical.
Step 7: Discuss spousal support carefully
Prenups may address spousal support, but this area requires careful drafting. California law places limits and requirements on support waivers or limitations. Both parties should understand the long-term consequences before signing.
This is not an area where couples should rely on generic online forms. A poorly drafted support provision may invite future litigation.
Step 8: Use separate legal counsel
Independent legal advice is often one of the most important parts of the process. Each person should understand their rights and obligations before signing.
Separate counsel helps reduce later claims that one party did not understand the agreement, felt pressured, or lacked proper advice. It also helps create a more balanced process.
Step 9: Sign and preserve the agreement properly
Once terms are finalized, the agreement should be signed correctly and preserved with important legal documents. Each party should keep a copy. If the agreement is later needed, it should be easy to locate.
A prenup should not be treated as a casual document. It can have major financial consequences.
Common mistakes to avoid
Couples should avoid:
- waiting until the last minute
- hiding assets or debts
- using a generic template
- making the agreement extremely one-sided
- skipping legal advice
- failing to discuss future income
- ignoring business interests
- assuming a prenup can control child custody or child support
- signing under pressure
- failing to keep signed copies
A prenup is only useful if it is carefully prepared.
When a prenup is especially useful
A prenup may be particularly helpful when:
- one person owns a home
- one person owns a business
- one person has children from a prior relationship
- one person expects an inheritance
- one person has significant debt
- one person has substantially higher income
- family assets need protection
- the couple wants financial clarity before marriage
These situations do not mean divorce is expected. They mean planning is prudent.
Conclusion
Understanding how to get a prenuptial agreement can help couples approach marriage with clarity and confidence. A strong prenup is not about distrust. It is about transparency, planning, and reducing future uncertainty.
Hills Law Group helps clients in Orange County prepare and review prenuptial agreements designed to protect property, clarify expectations, and support thoughtful financial planning before marriage.
FAQ
How do I get a prenup in California?
Start early, gather financial information, identify your goals, and work with experienced family law counsel.
When should we start the prenup process?
As early as possible before the wedding. Waiting until the last minute can create problems.
Can a prenup protect a business?
Yes. A prenup can help define how business ownership, appreciation, and income will be handled.
Can a prenup decide child custody?
No. Child custody and child support are generally determined based on the child’s best interests and California law.
Do both parties need attorneys?
It is strongly recommended that each party have independent legal advice.